In today’s workforce, reasonable accommodations are a key part of ensuring equality for employees with disabilities. But what happens when an employer decides to take away or change an accommodation that’s already been granted? Understanding your rights can help you navigate these tricky situations. This guide explores the legal protections surrounding reasonable accommodations and what you can do if they are unjustly taken away.
Reasonable Accommodations
Reasonable accommodations refer to changes or adjustments made by employers to assist employees with disabilities in performing their job duties effectively. These accommodations are critical in ensuring that employees with disabilities have equal access to opportunities in the workplace. Without these adjustments, employees may face significant barriers that limit their ability to perform tasks and contribute to the organization’s success. Accommodations can range from physical adjustments, such as providing a wheelchair-accessible workspace, to modifications in work schedules or job responsibilities that allow the employee to work without undue stress or physical strain.
However, while accommodations are legally mandated under certain circumstances, there are situations where an employer may modify or even revoke them. This often raises concerns for employees who rely on these adjustments to maintain their work performance and well-being. In some cases, employers may argue that the accommodation no longer serves its intended purpose, especially if the employee’s job role changes or if the accommodation becomes burdensome for the business. Understanding the legal boundaries of these actions is essential for both employers and employees, as any unwarranted removal of accommodations could lead to disputes or legal repercussions.
The Legal Framework Surrounding Reasonable Accommodations
The legal foundation for reasonable accommodations is deeply rooted in several laws designed to protect the rights of employees with disabilities. The most prominent of these laws is the Americans with Disabilities Act (ADA), but other federal and state laws also play a role in ensuring that employees are not unfairly treated because of their disabilities. Together, these laws create a comprehensive framework that guides how employers must approach accommodation requests and maintain fairness in the workplace.
Americans with Disabilities Act (ADA) and Other Laws
The ADA is a landmark piece of legislation that directly addresses the needs of individuals with disabilities in various sectors, including employment. This law prohibits discrimination based on disability and requires that employers make reasonable accommodations for employees who qualify under the ADA. It applies to employers with 15 or more employees and ensures that disabled individuals can perform the essential functions of their jobs without facing unfair treatment. The ADA also covers a broad range of disabilities, including physical, mental, and emotional conditions that substantially limit major life activities.
The ADA sets clear guidelines on how employers must handle accommodation requests. Employers are obligated to engage in what is called the “interactive process,” which involves open communication with the employee to determine how best to accommodate their needs. This process ensures that the accommodation provided is effective, reasonable, and tailored to the employee’s specific situation. The goal is to enable the employee to perform their essential job functions without placing an undue burden on the employer.
Protection under ADA
The ADA offers robust protection for employees with disabilities by ensuring that they receive reasonable accommodations when needed. This protection extends to preventing employers from denying accommodations without valid reasons. If an employee qualifies for an accommodation, the employer must provide it unless they can demonstrate that doing so would create significant difficulty or expense. This concept is known as “undue hardship,” which allows employers to refuse accommodations that are too costly or disruptive to the business.
The ADA also requires that employers not only provide accommodations but also maintain them as long as they remain necessary for the employee’s ability to perform their job. This means that employers cannot arbitrarily remove or change accommodations without following legal procedures. If an employer decides to revoke an accommodation, they must show that the accommodation has become unnecessary or that it is causing undue hardship. Employees who believe their accommodations have been unjustly removed can file complaints with the Equal Employment Opportunity Commission (EEOC), which enforces the ADA.
Other Relevant Laws
In addition to the ADA, there are other laws that protect employees with disabilities. The Rehabilitation Act of 1973, for example, applies to federal employers and organizations receiving federal funding. It shares many similarities with the ADA, particularly in its requirement for reasonable accommodations. The Rehabilitation Act ensures that employees in the federal sector are not denied accommodations and that they can perform their job duties without discrimination.
State laws may also offer additional protections beyond what is provided by the ADA. Many states have their own disability rights legislation that can expand on the rights provided under federal law. These laws may offer more generous definitions of disability, include smaller employers, or provide additional remedies for employees who face discrimination. It’s important for employees and employers to be aware of the specific laws in their state, as they may have rights and obligations beyond those established by the ADA and federal regulations.
- ADA (Americans with Disabilities Act): Protects employees by requiring employers to provide reasonable accommodations unless doing so would cause undue hardship.
- Rehabilitation Act of 1973: Extends similar protections to federal employees and organizations receiving federal funding.
- State Laws: May offer additional rights and protections beyond federal laws, depending on the jurisdiction.
What Constitutes a Reasonable Accommodation
Reasonable accommodations vary significantly depending on the type of disability an employee has and the specific nature of their job responsibilities. These accommodations are meant to ensure that an employee with a disability can perform their job duties on an equal footing with others. For example, reasonable accommodations could range from modifying the physical workspace to adjusting job responsibilities or work schedules. The objective is to tailor the work environment in a way that enables employees to succeed without placing an unfair burden on the employer.
Below is a table that highlights common types of reasonable accommodations, the nature of the disability they address, and examples of how they are implemented in the workplace:
| Type of Accommodation | Nature of Disability | Examples of Implementation | Purpose |
| Physical Workplace Adjustments | Physical or mobility impairments | Installing ramps, modifying restrooms, providing standing desks or assistive devices like wheelchairs | To ensure employees can navigate the workspace and use facilities effectively. |
| Adjustments to Job Responsibilities | Cognitive or mental health impairments | Modifying job tasks, delegating certain responsibilities, or reducing workload | To accommodate the mental capacity or stress tolerance of the employee. |
| Changes in Work Schedule | Chronic illnesses or mental health conditions | Offering flexible hours, remote work options, or part-time arrangements | To allow employees to manage health needs, such as medical appointments or energy levels. |
Physical Workplace Adjustments
One of the most common forms of accommodation involves physical adjustments to the workplace. These adjustments ensure that employees with physical disabilities, such as mobility impairments, can navigate the workplace and perform their duties without barriers. For example, an employer might install ramps or elevators to accommodate employees who use wheelchairs. Workstations can be modified to include ergonomic chairs, standing desks, or adaptive devices, such as speech-to-text software for employees with visual or hearing impairments.
The goal of these physical adjustments is to eliminate any physical barriers that might prevent employees from accessing necessary areas of the workplace or using essential tools. Moreover, physical accommodations often go beyond the immediate workstation. Employers may need to make changes to communal areas such as restrooms, cafeterias, and entrances to ensure compliance with accessibility laws. These changes allow employees with disabilities to participate fully in the work environment without feeling excluded or limited by their surroundings.
Adjustments to Job Responsibilities
In some cases, reasonable accommodations involve modifying the employee’s job responsibilities. This might be necessary when the tasks assigned to an employee conflict with their physical or mental capabilities. For example, if an employee has a chronic illness or suffers from anxiety, the employer may shift customer-facing roles to other staff members or delegate heavy lifting tasks to other employees. Adjustments to responsibilities ensure that employees can fulfill their roles without compromising their health or well-being.
These adjustments also foster a more inclusive work environment where employees feel supported and valued. By delegating certain tasks or reassigning job duties, employers demonstrate a commitment to ensuring that all employees can contribute meaningfully, regardless of their limitations. This also prevents burnout, as employees are not forced to overextend themselves physically or mentally in situations where their disability may make certain tasks more difficult or impossible to perform.
Changes in Work Schedule
Work schedule flexibility is another common form of reasonable accommodation, especially for employees with chronic conditions or mental health challenges. Flexible work hours allow employees to attend medical appointments, manage fatigue, or deal with flare-ups of their condition without sacrificing their job. Employers may also offer part-time schedules or remote work options for employees who need to manage their health alongside work commitments.
In many cases, a simple change in work schedule can significantly improve an employee’s ability to perform their job. Remote work or flexible hours may reduce the stress associated with commuting, alleviate physical strain, or provide employees with the time they need to manage their condition effectively. These types of accommodations can be crucial in allowing employees to balance their personal and professional lives while continuing to perform their roles effectively.
Can an Employer Take Away a Reasonable Accommodation
The question of whether an employer can take away a reasonable accommodation is one that many employees with disabilities grapple with. Once an accommodation has been granted, employees often rely on it to perform their job duties. However, there are certain circumstances under which an employer may legally remove or alter an accommodation. While this is possible, it must be done in a manner that complies with legal standards, and employers must provide a legitimate reason for any changes. The decision to modify or revoke an accommodation must also be backed by evidence and aligned with the regulations under the ADA (Americans with Disabilities Act).
It’s important for employees to be aware of their rights in such situations. Employers cannot arbitrarily take away accommodations that are necessary for an employee to perform their job. If an accommodation is removed, it is typically due to changes in the employee’s job role, the effectiveness of the accommodation, or the operational impact on the business. If this happens, the employer is still obligated to engage in the “interactive process” to explore whether alternative accommodations can be provided.
Situations Where Accommodations Can Be Modified or Removed
There are specific circumstances where employers can modify or remove an accommodation. These situations generally revolve around changes in the employee’s job responsibilities or the discovery that the accommodation is placing an undue burden on the employer. However, the law sets strict boundaries, and employers must follow a process that includes communicating with the employee and attempting to find an alternative solution if possible.
For example, if an accommodation is no longer necessary due to a change in the employee’s health condition or job role, the employer may discuss altering or removing it. However, they cannot simply remove the accommodation without explanation or without considering whether a different type of accommodation might still be required. The decision must be reasonable and fair, and the employer should work with the employee to ensure the solution meets both parties’ needs.
Fundamental Alteration in Job Responsibilities
One of the key reasons an employer might modify or revoke an accommodation is a fundamental change in the employee’s job responsibilities. If the employee is promoted, transferred to a different department, or takes on new tasks that are incompatible with the previous accommodation, the employer may have grounds to reconsider the arrangement. For instance, an employee who was granted a flexible schedule due to a disability might have their accommodation adjusted if their new role requires strict adherence to set hours or more frequent in-person meetings.
In these cases, the employer still has a legal obligation to engage in the interactive process. This means they must communicate with the employee to determine if a new accommodation can be made to suit their current job role. Simply removing the accommodation without exploring alternatives could constitute a violation of the ADA. The key point is that the accommodation should remain “reasonable” given the employee’s current role, and any changes must be justified.